Right to counsel - Transfer of disabled person's property
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Other subject area
Illinois courts recognize a quasi-right to counsel for disabled spouses in proceedings involving the conveyance of joint property by the non-disabled spouse. 750 Ill. Comp. Stat. 65/18 ("The court shall appoint some discreet person or attorney as guardian for the person alleged to be under disability....").
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes